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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE

REGULAR SESSION, 2013

THIRTEENTH DAY

____________

Charleston, W. Va., Monday, February 25, 2013

    The Senate met at 1 p.m.

(Senator Kessler, Mr. President, in the Chair.)

    Prayer was offered by the Reverend Dan Pruitt, Trinity Temple Pentecostal Holiness Church, Welch, West Virginia.

    Pending the reading of the Journal of Friday, February 22, 2013,

    On motion of Senator Walters, the Journal was approved and the further reading thereof dispensed with.

    The Senate proceeded to the second order of business and the introduction of guests.

    The Senate then proceeded to the third order of business.

    A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

    Eng. Com. Sub. for House Bill No. 2471--A Bill to amend and reenact §15-5-6 and §15-5-19a of the Code of West Virginia, 1931, as amended, all relating to exercise of restricted state and local authority during a declared state of emergency; possession of firearms during a declared state of emergency; prohibiting the restriction or otherwise lawful possession, use, carrying, transfer, transportation, storage or display of a firearm or ammunition during a declared state of emergency; clarifying scope of right to seize or confiscate otherwise lawfully-possessed firearm during a declared state of emergency; providing exceptions thereto; providing a remedy at law and equity for a violations of this article for the improper seizure of firearms or ammunition during a declared state of emergency; providing a cause of action for the return of the ammunition and firearms seized in violation of these proscriptions; establishing a venue for actions; and providing for the award of costs and attorney fees to a prevailing plaintiff.

    Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.

    The Senate proceeded to the fourth order of business.

    Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:

    Your Committee on Pensions has had under consideration

    Senate Bill No. 230, Authorizing CPRB promulgate legislative rule relating to general provisions.

    And,

    Senate Bill No. 232, Authorizing CPRB promulgate legislative rule relating to Teachers Retirement System.

    And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Evan H. Jenkins,

                                 Chair.

    The bills, under the original double committee references, were then referred to the Committee on the Judiciary.

    Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:

    Your Committee on Pensions has had under consideration

    Senate Bill No. 233, Authorizing CPRB promulgate legislative rule relating to Public Employees Retirement System.

    And has amended same.

    And,

    Senate Bill No. 234, Authorizing CPRB promulgate legislative rule relating to State Police.

    And has amended same.

    And reports the same back with the recommendation that they each do pass, as amended; but under the original double committee references first be referred to the Committee on the Judiciary.

                             Respectfully submitted,

                               Evan H. Jenkins,

                                 Chair.

    The bills, under the original double committee references, were then referred to the Committee on the Judiciary, with amendments from the Committee on Pensions pending.

    The Senate proceeded to the sixth order of business.

    On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:

    By Senators Jenkins, Plymale, Chafin and McCabe:

    Senate Bill No. 358--A Bill to amend and reenact §8-22-18a, §8-22-19a and §8-22-25 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §8-22-18c; and to amend and reenact §8-22A-4 of said code, all relating to municipal policemen and firemen pensions; providing additional investigatory and legal powers and duties of the West Virginia Municipal Pensions Oversight Board; requiring certain notice of lawsuit to the West Virginia Municipal Pensions Oversight Board; limiting certain court orders under certain circumstances; clarifying refunds to members; clarifying circumstances in which a member may retire when the member’s service has been interrupted by duty with the armed forces of the United States; and extending the cut-off date for the West Virginia Municipal Police Officers and Firefighters Retirement System plan to 2017.

    Referred to the Committee on Pensions; and then to the Committee on Government Organization.

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 359--A Bill to repeal §18-2-23a and §18-2-32 of the Code of West Virginia, 1931, as amended; to repeal §18-2E-5c of said code; to repeal §18-2I-6 and §18-2I-7 of said code; to repeal §18A-3A-2a and §18A-3A-6 of said code; to amend and reenact §18-2-24 of said code; to amend said code by adding thereto a new section, designated §18-2-39; to amend and reenact §18-2E-5 of said code; to amend and reenact §18-2I-1, §18-2I-2, §18-2I-3, §18-2I-4 and §18-2I-5 of said code; to amend and reenact §18-3-1 and §18-3-12 of said code; to amend and reenact §18-5-18, §18-5-44 and §18-5-45 of said code; to amend and reenact §18-5A-5 of said code; to amend and reenact §18A-2-7 of said code; to amend said code by adding thereto two new sections, designated §18A-3-1d and §18A-3-1e; to amend and reenact §18A-3-2a of said code; to amend and reenact §18A-3A-1, §18A-3A-2 and §18A-3A-3 of said code; to amend and reenact §18A-4-2a, §18A-4-7a, §18A-4-8 and §18A-4-14 of said code; to amend and reenact §18A-5-2 of said code; to amend and reenact §18C-4-1, §18C-4-2 and §18C-4-4 of said code; and to amend said code by adding thereto three new sections, designated §18C-4-2a, §18C-4-3a and §18C-4-6, all relating to transforming and improving public education; removing outdated language; requiring the State Board of Education, the Higher Education Policy Commission and the Council for Community and Technical College Education to collaborate in formally adopting uniform and specific college- and career-readiness standards for English/language arts and math; providing methods for determining whether students have met the college- and career-readiness standards; requiring that an explicit focus be embedded in each course on the development of English/language arts and math skills; requiring a twelfth-grade transitional course for both English/language arts and math for students not on track to be college ready; requiring professional development on teaching the college- and career-readiness standards to be included in the State Board’s Master Plan for Professional Staff Development; requiring the State Board to require all teacher preparation programs to include appropriate training for teaching adopted standards in at least grades eight through twelve; requiring the use of certain assessments, exams or tests for determining whether a student is eligible for a remedial course; requiring accountability for increasing the percentage of students who meet the standards and for increasing the percentage of students who are making adequate progress toward meeting the standards; deleting requirement that a school or school system that achieves adequate yearly progress is eligible for no less than full accreditation or approval status as applicable; eliminating obsolete Process for Improving Education Council; establishing new criteria for state accreditation of public schools; removing obsolete language; allowing for college and career readiness standards to be included in student assessment measures; removing language that restricts writing assessments to certain grade levels; removing language that restricts appropriate measures of student performance to be used in an assessment of a school; requiring the board to promulgate a new rule for a revised set of annual measures for the accountability and accreditation system to meet the needs of a federal waiver from No Child Left Behind; removing prescriptive language preventing the accreditation system to adequately measure student performance; requiring the State Board to promulgate a new rule for state accreditation of schools and school systems; mandating a report due to Governor and Legislative Oversight Committee on Education Accountability on or before December 1, 2013; requiring annual reports; setting forth potential measures for the accreditation system; professional development; establishing clear state-level leadership of professional development; providing findings on the importance of professional development; requiring State Board of Education to develop a master plan for professional development; manner in which coordination, development and evaluation of professional development programs by the State Board shall be done; establishing a rule that shall include measurable standards; requiring State Board approval of plans from Department of Education, the Center for Professional Development, state institutions of higher education and regional education service agencies; annual report of professional development; requirements for State Superintendent of Schools; increasing the number of schools to be included in a special community development pilot program; allowing the pilot program to consult the Center for Professional Development for professional development resources; requiring kindergarten and early childhood aides to be licensed; exempting those eligible for retirement before July 1, 2016; requiring early childhood programs to be offered five days a week for the full day; providing for local control of the school calendar; defining terms and establishing findings about a schools calendar; 200-day employment term for teachers; one hundred eighty separate days of actual instruction are to be provided for students; county policy for adding minutes or days to school calendar for time lost to the instructional term; one hundred eighty days must be within a 365-day calendar set by the county board; limiting noninstructional interruptions to instructional day; requiring State Board or State Superintendent approval of proposed county calendar; public meetings for discussions of a school system’s calendar; waiver from code sections that prevent a school system from meeting one hundred eighty instructional days; board rule to implement the calendar section provisions; faculty senate procedure for making employment recommendations; removing language about faculty senates on instructional support and enhancement days; assignment of teachers when a vacancy was not foreseen before March 1 based on pupil-teacher ratio; allowing participants in Teach for America to become classroom teachers; creating a critical need alternative teacher certificate; two-year certificate and a one-year renewal of the critical need alternative teacher certificate; minimum requirements to receive a critical need alternative teacher certificate; creating a professional support team for these new teachers; recommendation for certification of teachers on the critical need alternative teaching certificate by support team and State Superintendent; amending requirements for professional teaching certificates through alternative certifications; further defining “critical need alternative teaching certificates”; removing language that limits the number of board-certified teachers who can receive reimbursement per year; clarifying that teachers can receive reimbursement for recertification; adding seniority to the list of factors to be considered for hiring of filling vacancies in professional positions of employment; eliminating restrictive hiring language for classroom teaching positions; allowing county boards to give consideration to recommendations made by the principal and the faculty senate; allowing released employees to be hired for specific vacancies prior to the job being posted; limiting bumping to within a school; allowing for multiple postings within a thirty-day period; removing language that limits internal school bumping to elementary school; reassigning a teacher within their school upon consent of teacher and county board; eliminating the 43-week restriction of service personnel contracts; defining the three different types of early childhood classroom assistant teacher certificates; clarifying the length of a teacher’s duty-free planning period; duties of other school employees and substitute teachers during a teacher’s planning period; clarifying that not all holidays will be counted toward as a day of the employment term; snow days not counted as days of employment or days of instruction; calculation of pay for professional and service personnel on snow days; loan assistance for teachers in critical need areas; awarding loan assistance; determining eligibility for loan assistance; criteria for teacher compliance with terms of loan assistance agreement; payments made directly to a lending entity; model contract agreements for loan assistance; amount, limits and duration of loan assistance; and repayment if loan assistance conditions are not met by applicant.

    Referred to the Committee on Education; and then to the Committee on Finance.

    By Senators Laird, Kessler (Mr. President), Barnes, Boley, Carmichael, Green, D. Hall, M. Hall, Jenkins, Miller, Nohe, Yost, Wells, Plymale, Chafin, Palumbo, Fitzsimmons, Williams, McCabe and Cann:

    Senate Bill No. 360--A Bill to amend and reenact §7-14-1 of the Code of West Virginia, 1931, as amended, relating to requiring that deputy sheriffs be issued ballistic vests upon law-enforcement certification.

    Referred to the Committee on Government Organization; and then to the Committee on Finance.

    By Senators Unger and Nohe:

    Senate Bill No. 361--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §31-17B-1, §31-17B-2, §31-17B-3, §31-17B-4, §31-17B-5, §31-17B-6, §31-17B-7, §31-17B-8, §31-17B-9, §31-17B-10, §31-17B-11, §31-17B-12, §31-17B-13, §31-17B-14, §31-17B-15, §31-17B-16, §31-17B-17, §31-17B-18, §31-17B-19, §31-17B-20 and §31-17B-21, all relating to creating the West Virginia Homeowner Bill of Rights; stating legislative findings and purpose in relation to foreclosures in the state generally; requiring mortgage servicers to contact the borrower prior to filing a notice of default; requiring mortgage servicers to explore options for the borrower to avoid foreclosure; requiring the borrower to be provided with specified information in writing prior to recordation of a notice of default; establishing additional procedures to be followed regarding a first lien loan modification application and the denial of an application; providing for a borrower’s right to appeal a denial; authorizing a borrower to seek an injunction and damages for violations; authorizing the greater of treble actual damages or $50,000 in statutory damages if a violation is found to be intentional or reckless or resulted from willful misconduct; providing that violations by licensees of certain state agencies are also violations of those respective licensing laws; requiring a mortgage servicer who conducts more than one hundred seventy-five foreclosure sales per year or annual reporting period to establish a single point of contact with the borrower; requiring that, before recording or filing any of certain documents, a mortgage servicer shall ensure that it has reviewed competent and reliable evidence to substantiate the borrower’s default and the right to foreclose, including the borrower’s loan status and loan information; authorizing administrative enforcement against licensees by certain state agencies; defining terms; setting forth requirements; establishing effective and termination dates; and authorizing rulemaking.

    Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.

    By Senators Snyder and Miller:

    Senate Bill No. 362--A Bill to amend and reenact §11-22-2 of the Code of West Virginia, 1931, as amended, relating to redistributing an existing excise tax paid upon the transfer of real property so that the tax is paid to the county where the property is situate instead of to the state; requiring counties to dedicate this excise tax to support regional jails; providing this be accomplished incrementally over a five-year period; and stylistic changes.

    Referred to the Committee on Government Organization; and then to the Committee on Finance.

    By Senators Kessler (Mr. President) and M. Hall (By Request of the Executive):

    Senate Bill No. 363--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto three new sections, designated §5A-3-10d, §5A-3-10e and §5A-3-60; and to amend and reenact §9-2-9b of said code, all relating generally to purchasing; authorizing reverse auction pilot program for purchasing commodities; defining “reverse auction”; permitting third-party vendors to administer reverse auctions; affording the Director of the Purchasing Division rule-making authority to implement reverse auction pilot program; providing that reverse auction pilot program expires on July 1, 2017; authorizing prequalification agreements and the secondary bid process for the direct procurement of commodities; defining “state”, “prequalification agreement”, “prequalified vendor” and the “secondary bid process”; requiring approval of the Director of the Purchasing Division for prequalification agreement and secondary bid process procurements anticipated to cost in excess of $50,000; affording the Director of the Purchasing Division rule-making authority to establish procedures regarding prequalification agreements, prequalification, the secondary bid process and related matters; requiring certain executive department officials to attend annual training on purchasing procedures; and repealing the Department of Health and Human Resources’ Medicaid purchasing exemption.

    Referred to the Committee on Government Organization; and then to the Committee on Finance.

    By Senator Unger:

    Senate Bill No. 364--A Bill to amend and reenact §3-5-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-5-22 of said code, all relating to elections and nominating procedures; requiring a candidate in a partisan election to have been affiliated with the same political party for a period of sixty days before filing a certificate of announcement of candidacy; providing that political parties may not nominate candidates by party convention and by primary election during the same election year; requiring notice of intent to conduct a primary election; and deleting inconsistent language.

    Referred to the Committee on the Judiciary.

    By Senators Kessler (Mr. President), Chafin, Laird, Miller and Stollings:

    Senate Bill No. 365--A Bill to amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to the expungement of certain criminal convictions generally; permitting expungement of certain felony convictions; establishing the amount of time after conviction of a felony before expungement may be sought; and creating exceptions.

    Referred to the Committee on the Judiciary.

    By Senators McCabe, Cann, Facemire, Green, D. Hall, Walters and Kessler (Mr. President):

    Senate Bill No. 366--A Bill to amend and reenact §11-6D-2, §11-6D-4 and §11-6D-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-6D-10, all relating generally to use of alternative-fuel motor vehicles; eliminating the availability of a tax credit for vehicles that are capable of running on ethanol and certain fuel mixtures containing ethanol, methanol or other alcohols; removing the requirement that a converted vehicle must operate exclusively on an alternative fuel in order to take the credit; eliminating a rule requirement; allowing pass-through entities to distribute credits to pass-through equity owners in any manner such equity owners see fit; permitting the transfer of tax credits for purchase of alternative-fuel vehicles, conversion to an alternative-fuel vehicle or construction of alternative-fuel vehicle infrastructure; setting forth how those transfers of tax credits may be accomplished; providing an exception; and permitting government entities and nonprofit entities to utilize certain tax credits.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.

    By Senators Miller, Snyder, Unger, Chafin and Laird:

    Senate Bill No. 367--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-7-1a, relating to creating the Citizens Elected County Officials Compensation Commission; membership of the commission; terms of the members; powers and duties of the commission; and procedures for enacting the salaries of the elected county officials.

    Referred to the Committee on Government Organization; and then to the Committee on Finance.

    By Senators Cookman and Plymale:

    Senate Bill No. 368--A Bill to amend and reenact §48-3-103 and §48-3-105 of the Code of West Virginia, 1931, as amended, all relating to domestic relations law generally; clarifying that conviction of an offense punishable by incarceration for more than one year prior to the marriage and without the knowledge of the other party constitutes a basis for voiding a marriage; and clarifying that a party to a marriage who was unaware at the time of the marriage that his or her spouse had previously been convicted of an offense punishable by incarceration for more than one year may not institute an annulment action if he or she cohabited with that spouse after becoming aware of the conviction.

    Referred to the Committee on the Judiciary.

    Senators Laird, Miller and Unger offered the following resolution:

    Senate Concurrent Resolution No. 8--Requesting the Division of Highways to name the portion of Route 38, from its intersection at Route 16 to its intersection at Route 61, in Fayette County, West Virginia, the “Sizemore Moran Veterans Memorial Road”.

    Whereas, Jackson Douglas Sizemore, Phillip Sizemore, Arthur Sizemore, Fred Sizemore, Ralph Sizemore and Harry Moran, the sons and son-in-law of Mr. and Mrs. Phillip Sizemore, Sr., of Oak Hill, West Virginia, all served their country admirably in the United States armed forces; and

    Whereas, Jackson Douglas Sizemore enlisted in the Army on August 2, 1939, and was stationed on the Island of Oahu, Hawaii, where he served during the attack on Pearl Harbor; and

    Whereas, Fred Sizemore enlisted in the Navy on September 20, 1940, served on the U. S. S. Phoenix, a cruiser with the Pacific fleet, and battled the Japanese during the invasion of Pearl Harbor; and

    Whereas, Arthur Sizemore enlisted in the Navy on September 17, 1941, where he was assigned to the Naval Cook and Bakers’ School at Norton Heights, Connecticut, and went on to serve for more than two years in the Caribbean; and

    Whereas, Ralph Sizemore enlisted in the Navy on September 14, 1943, and was assigned to the United States Naval Air Technical Training Center in Chicago; and

    Whereas, Phillip Sizemore, Jr., enlisted in the Navy on September 29, 1942, and after being stationed in California served his country in the South Pacific; and

    Whereas, Harry Moran, brother-in-law of the Sizemore brothers, enlisted in the Navy and got his basic training at Aberdeen Proving Grounds in Maryland, and went on to serve his country in Asia; and    Whereas, Jackson Douglas Sizemore, Phillip Sizemore, Arthur Sizemore, Fred Sizemore, Ralph Sizemore and Harry Moran did a great service to their country in time of conflict and war, and will always be remembered for their service; and

    Whereas, It is fitting and proper to create a lasting tribute in honor of the Sizemore-Moran brothers, for their dedicated service to their country; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name the portion of Route 38, from its intersection at Route 16 to its intersection at Route 61, in Fayette County, West Virginia, the “Sizemore Moran Veterans Memorial Road”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the route as the “Sizemore Moran Veterans Memorial Road”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to Arthur and Ralph Sizemore.

    Which, under the rules, lies over one day.

    Senators Stollings, Kirkendoll and Unger offered the following resolution:

    Senate Concurrent Resolution No. 9--Requesting the Division of Highways to name the bridge crossing the Little Coal River in Danville, Boone County, bridge number 3-85/8-0.37, the “Naval Chief Boatswain Fred L. Byrnside and Army Captain Dora Jo Chambers Byrnside Memorial Bridge”.

    Whereas, Fred Byrnside and his wife, Dora Jo Byrnside, were both military veterans who served their country proudly; and

    Whereas, Fred Byrnside had a long and distinguished Naval career, serving active duty from January 1938 until October 1955, and then in the Reserves until 1966. He retired with the rank of Chief Boatswain; and

    Whereas, Fred Byrnside served in World War II and was captured by the Japanese in 1942. During his captivity, Fred endured unspeakable atrocities and hardships at the hands of the Japanese, including the infamous Bataan Death March in the Philippines. Fred was held prisoner in the Funatsu prisoner-of-war camp until the war's end in 1945; and

    Whereas, By the grace of God, Fred Byrnside survived his ordeals, when all at home believed him to have been killed. But when Fred was liberated from that prison camp, he still felt the call to service. When others may have felt they had done enough, or had endured enough on behalf of their country, Fred chose to reenlist and continue serving the county he so loved; and

    Whereas, Fred Byrnside was proud of his service in the United States Navy, and while he seldom talked about the horrors he endured as a prisoner, he was always ready to relate stories of his other military experiences and what it meant to be a member of the United States Navy; and

    Whereas, Fred Byrnside was awarded the National Defense Service Medal, Asiatic-Pacific Area Campaign Ribbon, Philippine Defense Service Ribbon with three Bronze Stars, Army Distinguished Unit Badge with One Oak Leaf Cluster, American Defense Service Ribbon, Good Conduct Medal, China Service Ribbon, Victory Ribbon of World War II, Pre-Pearl Harbor Ribbon with one Bronze Star; and Presidential Unit Citation; and

    Whereas, Dora Jo Chambers graduated from Marshall College in 1941, and joined the United States Army (WAC) in 1943. She served during World War II in the Asiatic-Pacific Campaign and served in New Guinea and the Philippines; and

    Whereas, During her service in the United States Army, Dora Jo Chambers was promoted to the rank of Captain, which was a notable accomplishment for a young woman at that time; and

    Whereas, Dora Jo Chambers was awarded the American Campaign Medal, Asiatic-Pacific Campaign Medal, Philippine Liberation and Women’s Army Auxiliary Corps Service Medal; and

    Whereas, Fred Byrnside and Dora Jo Chambers Byrnside were married after Dora Jo's tour of duty ended in 1946, and they returned home to Danville in 1955 when Fred retired from active duty. Fred served as the postmaster at the Danville Post Office, while Dora Jo raised their children and later taught at Scott High School when the children were grown; and

    Whereas, Fred Lincoln Byrnside passed away on January 3, 1980, and Dora Jo Chambers Byrnside passed away on January 3, 2010. They are survived by their children, Fred Byrnside and wife, Emma, of Danville, Ellajo Thompson of Knoxville, Tennessee, and Lois Byrnside of Dunedin, Florida; five grandchildren and ten great grandchildren; and

    Whereas, It is only fitting that we so honor Fred and Dora Jo Byrnside for their dedicated and selfless service to their country, and for their contributions to the town of Danville and Boone County; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name the bridge crossing the Little Coal River in Danville, Boone County, bridge number 3-85/8-0.37, the “Naval Chief Boatswain Fred L. Byrnside and Army Captain Dora Jo Chambers Byrnside Memorial Bridge”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Naval Chief Boatswain Fred L. Byrnside and Army Captain Dora Jo Chambers Byrnside Memorial Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the children of Fred and Dora Jo Byrnside.

    Which, under the rules, lies over one day.

    Senators Stollings, Kirkendoll and Unger offered the following resolution:

    Senate Concurrent Resolution No. 10--Requesting the Division of Highways to name the Atenville Beam Span Bridge on Rt. 10, Lincoln County, .1 mile south of South Route 68, bridge number 22-10-6.54, the “Shelton Topping Bridge”.

    Whereas, Shelton Topping was born May 11, 1926. He has been married to Edith Maynard Topping for sixty-two years. They had three children, eight grandchildren and ten great grandchildren. He is an Elder at 14 Mile Church of Christ and upstanding member of the Harts Community. He is a World War II veteran, joining the Army in November, 1944, at seventeen years old. He was awarded the Bronze Star, badges for Marksmanship, the Combat Infantry and a European African Middle Eastern campaign ribbon. Additionally, he has the Honor Service Lapel, commonly known as the ruptured duck. Shelton Topping says the reason for joining the Army was “There were six boys in our family and five of them were in the service. My older brother told me I’d better join up soon, or the war would be over before I’d get to go in.” He was a member of the 3rd Infantry Division of the Army in Company D. Company D was the oldest outfit in the U. S. Army. It was founded and served under General George Washington during the Revolutionary War. When General Patton died in Europe, in December, 1945, Company D served as an Honor Guard at his funeral. Shelton Topping began his military training at Camp Joseph T. Robertson, near Little Rock, Arkansas, was later sent to Fort Meade, Maryland, and then to Camp Shanks in New York before leaving for Europe. He left New York, crossed the English Channel to reach Le Havre, France, and then traveled by train to Germany. In January, 1945, the 3rd Infantry Division had smashed the Colmar pocket and was driving the last German soldier from the area. The division hit the line again in March, 1945. The main Siefgried Line positions south of Sweibruken, Germany, were breached and the 3rd was on its way to the Rhine River a second time. Light opposition was encountered and on March 23, the division was moved on the Rhine Plain, in the triangle formed by Bad Durkheim-Frankenthal-Worms to prepare for a crossing of the river. In March, the division was across the Rhine and driving deep into the heart of Germany. The 3rd’s last major battle was at Nurnberg where the Germans put up their last big effort to deal a mortal blow. After three weeks there, the war ended. Shelton Topping’s company turned to guarding POWs. They had 4,500 prisoners to guard. They processed the prisoners five hundred men at a time and only eight American soldiers would guard this large group of men. Although he was eighteen at the end of the war, he celebrated his nineteenth and twentieth birthdays overseas. Mr. Topping served as a Special Honor Guard at the United Nations building at the American Embassy in Berlin. The Honor Guard was made up of four soldiers from four countries: The United States, England, France and Russia. There were eighteen regular guards and four honor guards. In order to be an American Honor Guard, one had to be a Bronze Star recipient. Upon returning to the United States from active duty, Mr. Topping studied for his GED, then attended Marshall University. He taught in a one-room school in Sand Creek, West Virginia, and later at a one room school in Atenville, WV. Because teaching school made it difficult to support a family at that time, he had to quit teaching and go work in the coal mines. He worked for Island Creek Coal Company in Logan County, until he retired; and

    Whereas, The contributions of Shelton Topping to his country, state and community should not go unnoticed. It is fitting to honor Shelton Topping by naming the bridge on Rt. 10, Lincoln County, .1 mile south of South Route 68 for Shelton Topping; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name the Atenville Beam Span bridge on Rt. 10, Lincoln County, .1 mile south of South Route 68, bridge number 22-10-6.54, the “Shelton Topping Bridge”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the “Shelton Topping Bridge”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation, to Mr. Shelton Topping and to his surviving children and relatives.

    Which, under the rules, lies over one day.

    Senators Stollings, Kirkendoll and Unger offered the following resolution:

    Senate Concurrent Resolution No. 11--Requesting the Division of Highways name the section of State Route 214 at Childress Road, from mile marker 8.92 to mile marker 9.92, the “Army Pvt. Parker Meikle Memorial Road”.

    Whereas, Parker Meikle was born November 5, 1919, in Alum Creek, Lincoln County, West Virginia, the second of nine children born to Archie Thomas Meikle and Chalcie Lottie Turley Meikle, and is survived by two sisters, three brothers and numerous nieces and nephews; and

    Whereas, Parker Meikle was raised and educated in the Alum Creek area; and

    Whereas, Pvt. Parker Meikle entered the United States Army January 26, 1942; and

    Whereas, Pvt. Parker Meikle, Service Number 35263702, died of wounds he received in World War II December 19, 1944, in Belgium while serving as a combat engineer with Company B 158th Engineer Battalion; and

    Whereas, The body of Pvt. Parker Meikle was returned to West Virginia for reburial in 1949, with Snodgrass Funeral Home in charge of arrangements; and

    Whereas, It is proper and fitting that the ultimate sacrifice made by this native son be honored in this manner; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name the section of State Route 214 at Childress Road, from mile marker 8.92 to mile marker 9.92, the “Army Pvt. Parker Meikle Memorial Road”, and, be it

    Further Resolved, That the Commissioner of the Division of Highways is hereby requested to erect a sign at each end of the section of road containing bold and prominent letters proclaiming the section of road the “Army Pvt. Parker Meikle Memorial Road”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Commissioner of Highways and the family of the late Parker Meikle.

    Which, under the rules, lies over one day.

    Senators Stollings, Kirkendoll and Unger offered the following resolution:

    Senate Concurrent Resolution No. 12--Requesting the Division of Highways to name the one-mile section of road on Lick Creek Road, beginning at Route 119, in Boone County, West Virginia, the “PFC Randall Bruce Miller Memorial Road, U. S. Army”.

    Whereas, Randall Bruce Miller was born on May 26, 1949, the son of Reldo and Esta Miller of Danville, West Virginia; and

    Whereas, Randall Bruce Miller graduated from Scott High School in Madison, West Virginia, in 1967; and

    Whereas, After graduating from high school, Randall Bruce Miller was employed with Key Super Market in Danville, West Virginia; and

    Whereas, Just a matter of days before beginning his tour in Vietnam, Randall Bruce Miller was married, on September 13, 1969, to Gaytha Berry; and

    Whereas, On September 29, 1969, Randall Bruce Miller began his tour of duty in Vietnam, an infantryman, in the United States Army; and

    Whereas, While in Vietnam, Randall Bruce Miller was a member of D Company, 1st Battalion, 8th Cavalry and stationed at Phuoc Long Province in South Vietnam; and

    Whereas, While on a protective reaction mission in Phuoc Long Province on December 8, 1969, Company D came under heavy fire from a well-entrenched force; and

    Whereas, On December 8, 1969, when a mere twenty years old, Private First Class Randall Bruce Miller was killed in action while courageously attempting to drive back the enemy force, dying immediately from hostile fire; and

    Whereas, It is only fitting and proper that this stretch of road, in the county of his birth and the area in which he lived all his young life, be named in his honor so the Private First Class Randall Bruce Miller’s supreme sacrifice will be memorialized and not forgotten; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Division of Highways is hereby requested to name the one-mile stretch of road on Lick Creek Road in Boone County, West Virginia, beginning at Route 119, the “PFC Randall Bruce Miller Memorial Road, U. S. Army”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to cause to have made two signs that state, in bold and prominent lettering, the “PFC Randall Bruce Miller Memorial Road, U. S. Army” and to erect these signs on either side of the one-mile stretch of road; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of PFC Randall Bruce Miller.

    Which, under the rules, lies over one day.

    Senators Unger, Kessler (Mr. President), Snyder, Plymale, Laird, Cookman, Williams and Stollings offered the following resolution:

    Senate Resolution No. 19--Recognizing Leadership Berkeley for its service, dedication and commitment to Berkeley County.

    Whereas, The objective of Leadership Berkeley is to promote knowledge and awareness of the problems, opportunities and issues facing Berkeley County; and

    Whereas, Leadership Berkeley is designed to provide a series of educational and participatory experiences, as well as an opportunity for dialogue and the development of a correlation among participants in order to encourage local participation in the growth of Berkeley County; and

    Whereas, The membership of Leadership Berkeley includes individuals from nearly every facet of Berkeley County’s business, professional, religious, governmental, educational, civic, the arts, organized labor and minority organizations who demonstrate a commitment to the community; and

    Whereas, The 2013 membership of Leadership Berkeley consists of Bethany T. Allen-Perez, Roach Energy; Dana L. Anders, Berkeley County Board of Education; Melissa C. Baker, Frontier Communications; Sara L. Birchenough, Bowles Rice; Jennifer Bishop, MVB Bank; Karen R. Burkhart, Bank of Charles Town; Tina L. Dorsey, Lady Appleseeds, Inc.; Madeline R. Harrison, Susquehanna Bank; Matthew L. Harvey, Taylor & Harvey; Mark V. Jordan, Flowers Unlimited; David D. Langford, United Bank; Lorriane K. Main, VA Medical Center; Amy L. Orndoff, Berkeley Senior Services; Amanda D. Renner, Ecolab; Vicki L. Rohrer, Panhandle Home Health, Inc.; Katrina L. Rosario, Ecolab; Carol A. Rothstein, Blue Ridge Community & Technical College; Kelly M. Tanksley, Martinsburg-Berkeley Co. Public Libraries; Michelle J. Thomas, West Virginia University Hospitals East; Kimberly J. Waggoner, VA Medical Center; and Keith H. Whetsel, Essroc Italcementi Group; therefore, be it

    Resolved by the Senate:

    That the Senate hereby recognizes Leadership Berkeley for its service, dedication and commitment to Berkeley County; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of Leadership Berkeley.

    At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

    On motion of Senator Unger, the Senate recessed for one minute.

    Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 7, Designating Hall Flintlock Model 1819 official state firearm.

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Government Organization.

    The Senate proceeded to the eighth order of business.

    Eng. Com. Sub. for Senate Bill No. 71, Requiring descriptions of easements and rights-of-way include width in addition to centerline; exception.

    On third reading, coming up in regular order, was reported by the Clerk.

    At the request of Senator Palumbo, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.

    Eng. Com. Sub. for Senate Bill No. 145, Amending election complaint procedures.

    On third reading, coming up in regular order, was read a third time and put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.

    The nays were: None.

    Absent: None.

    So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 145) passed with its title.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.

    The Senate proceeded to the ninth order of business.

    Com. Sub. for Senate Bill No. 60, Relating to name-change notice publication requirements.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 76, Permitting certain voters who have moved to vote for President and Vice President.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Senate Bill No. 82, Requiring rate-paying residential customer on public service board.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Pending announcement of meetings of standing committees of the Senate, including majority and minority party caucuses,

    On motion of Senator Unger, the Senate adjourned until tomorrow, Tuesday, February 26, 2013, at 11 a.m.

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